The Federal Communications Commission (“FCC”) has released a Public Notice seeking comments on the steps wireless phone carriers are taking to protect the privacy and data security of customer information that is stored on consumers’ mobile devices and on how existing laws apply to the carriers’ information practices. 

Section 222 of the Communications Act and the FCC’s implementing regulations restrict how phone carriers may use and disclose customer proprietary network information (the so-called “CPNI Rules”).  These carriers also must take reasonable steps to protect their customers’ private information. 

The FCC considered this issue five years ago in 2007, but noted that carriers’ more recent use of software embedded or preinstalled on wireless devices to collect information about the performance of the device and the carriers’ networks created a “need to refresh [the] record.” 

Comments are due 30 days after the Public Notice is published in the Federal Register, and reply comments are due 15 days later. 

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Photo of Lindsey Tonsager Lindsey Tonsager

Lindsey Tonsager co-chairs the firm’s global Data Privacy and Cybersecurity practice. She advises clients in their strategic and proactive engagement with the Federal Trade Commission, the U.S. Congress, the California Privacy Protection Agency, and state attorneys general on proposed changes to data protection…

Lindsey Tonsager co-chairs the firm’s global Data Privacy and Cybersecurity practice. She advises clients in their strategic and proactive engagement with the Federal Trade Commission, the U.S. Congress, the California Privacy Protection Agency, and state attorneys general on proposed changes to data protection laws, and regularly represents clients in responding to investigations and enforcement actions involving their privacy and information security practices.

Lindsey’s practice focuses on helping clients launch new products and services that implicate the laws governing the use of artificial intelligence, data processing for connected devices, biometrics, online advertising, endorsements and testimonials in advertising and social media, the collection of personal information from children and students online, e-mail marketing, disclosures of video viewing information, and new technologies.

Lindsey also assesses privacy and data security risks in complex corporate transactions where personal data is a critical asset or data processing risks are otherwise material. In light of a dynamic regulatory environment where new state, federal, and international data protection laws are always on the horizon and enforcement priorities are shifting, she focuses on designing risk-based, global privacy programs for clients that can keep pace with evolving legal requirements and efficiently leverage the clients’ existing privacy policies and practices. She conducts data protection assessments to benchmark against legal requirements and industry trends and proposes practical risk mitigation measures.